The State V. Francis C. Okoye & Ors. (2007)

LawGlobal-Hub Lead Judgment Report

ADEKEYE, J.C.A.

This is an appeal against the two rulings of the High Court of the Federal Capital Territory; Abuja delivered on the 8th and 23rd of September, 2005 respectively. The facts of this case before the lower court briefly are as follows: Pursuant to a FIAT issued on the 10th of September, 2004 and signed by the then Attorney General of the Federation and Minister of Justice Chief Akinlolu Olujimi, the law firm of Chief Afe Babalola SAN &: Co filed an application ex-parte for leave to prefer a charge in the Federal Capital Territory High Court, Abuja on the 28th of September, 2004. The court granted leave to prefer a four count charge against the respondents as follows:

Charge No. 1

“That you Francis C. Okoye (a.k.a. Ebubedike), Emmanuel Nnamdi Nnakwe (a.k.a. Aboy), Marcel Nnakwe, Emeka Orjiakor, Christopher Okwara Mbah (a.k.a. Persus), Olisaemeka Igbokwe (a.k.a. Holy War), Chuchuka Ezeukwu and Jude Ugwu (a.k.a. Agada) on or between October 2001 to December 2003 at different places in the Federal Capital Territory and Anambra State, agreed to do or cause to be done an illegal act to wit cause the death of Dr. (Mrs.) Dora Akunyili, Director-General, National Agency for food and Drugs Administration and Control (DG NAFDAC) and that the said act was attempted to be done in pursuance of an agreement and that you thereby committed an offence punishable under section 97 of the Penal Code.”

Charge No.2

“That you Francis C. Okoye (a.k.a. Ebubedike), Emmanuel Nnamdi Nnakwe (a.k.a. Aboy), Marcel Nnakwe, Emeka Orjiakor, Christopher Okwara Mbah (a.k.a. Persus), Olisaemeka Igbokwe (a.k.a. Holy War), Chuchuka Ezeukwu and Jude Ugwu (a.k.a. Agada) on a day in the month of October 2001 at about 7pm at DG NAFDAC’s residence on Freetown Crescent, Wuse II, Abuja did act, to wit, caused unknown gunmen to invade the residence of Dr. (Mrs.) Dora Akunyili, Director-General, National Agency for Food and Drugs Administration and Control (DG NAFDAC) and forcibly entered the rooms in the House in search of the said Dora Akunyili for the purposes of firing gun shots at her with such intention and/or knowledge and under such circumstances that if by that act you had caused the death of the said Dora Akunyili, you would have been guilty of culpable homicide punishable with death and that you thereby committed an offence punishable under section 229 of the Penal Code.”

Charge No. 3

“That you Francis C. Okoye (a.k.a. Ebubedike). Emmanuel Nnamdi Nnakwe (a.k.a. Aboy). Marcel Nnakwe, Emeka Orjiakor, Christopher Okwara Mbah (a.k.a. Persus), Olisaemeka Igbokwe (a.k.a. Holy War), Chuchuka Ezeukwu and Jude Ugwu (a.k.a. Agada) on the 26th day of December, 2003 at Agulu in Anambra State, did an act to wit, caused gunshots to be fired at Dr. (Mrs.) Dora Akunyili, Director-General, National Agency for food and Drugs Administration and Control (DG NAFDAC) while driving inside her Peugeot 406 Saloon Official car with such intention or knowledge and under such circumstances that if by that act you had caused the death of Dr. (Mrs.) Dora Akunyili DG NAFDAC, you would have been guilty of culpable homicide punishable with death and that you thereby committed an offence punishable under section 229 of the Penal Code.”

Charge No.4

“That you Francis C. Okoye (a. k. a. Ebubedike), Emmanuel Nnamdi Nnakwe (a.k.a. Aboy), Marcel Nnakwe, Emeka Orjiakor, Christopher Okwara Mbah (a.k.a. Persus), Olisaemeka Igbokwe (a.k.a. Holy War), Chuchuka Ezeukwu and Jude Ugwu (a.k.a. Agada) on the 26th day of December, 2003 at Agulu in Anambra State, did commit culpable homicide punishable with death in that you caused the death of one Emeka Onuekutu by doing act to wit caused several gun shots to be fired at Dr. (Mrs.) Dora Akunyili, DG NAFDAC, while driving inside her Peugeot 406 Saloon Official car which gun shot missed their target but instead hit the deceased inside his Mitsubishi L 300 Minibus with Reg. No. AE763AJL with the intention of causing the death of and/or with the knowledge that the death of the said Emeka Onuekutu would be the probable consequence of your act thereby committed an offence punishable under section 221 of the Penal Code.”

At the commencement of trial, the 2nd and 3rd respondents gave an indication that they were going to file notice of preliminary objection to set aside the FIAT of the Attorney General directing Chief Afe Babalola & Co to charge and prosecute all the forementioned accused persons for the offences on the charge and secondly that they also intended to challenge the jurisdiction of the High Court of the Federal Capital Territory to entertain the charge on the ground that the territorial jurisdiction of the court does not extend to Agulu in Anambra State as regards counts three and four on the charge.

The reliefs in the preliminary objection read as follows:

(1) An order quashing or setting aside the FIAT issued on 10th September, 2004 by the Attorney-General of the Federation to prefer a charge against the 2nd and 3rd accused persons/applicants as it relates to counts 3 and 4.

(2) An order setting aside the order of this Honourable Court of the 13th October, 2004 granting leave to the complaint to prefer a charge in the High Court of the Federal Capital Territory against the 2nd and 3rd accused persons/applicants as it relates to counts 3 and 4.